This Data Processing Addendum (“Addendum”) amends the Addify Terms of Service (the “Agreement”) by and between Addify and Shopify merchants using our Apps. The contract starts from date of App installation.
For clarity, this Addendum only applies if and to the extent to Personal Data relating to Addify and its personnel that is received by Service Provider from or on behalf of Addify for Processing as a data importer while performing those functions or activities as required by the Agreement.
1. Definitions
- “Data Protection Legislation” means European Union Regulation 2016/679 (the “General Data Protection Regulation”) or California Civil Code Section 1798.100-1798.199 (the “California Consumer Privacy Act of 2018”), as applicable, and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it, and any other applicable legislation;
- “Data Processor”, “Data Controller”, “Data Subject”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with the General Data Protection Regulation;
- “Service Provider” shall be interpreted in accordance with the California Consumer Privacy Act of 2018;
- “Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with, to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which Addify Processes as a Data Processor or Service Provider in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Addify Processes in the context of services that it provides directly to merchants using our apps.
- “Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, or portability of your Customer’s Personal Data; and
- All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. Data Protection
- When Addify Processes Personal Data in the course of providing the Services, Addify will:
- Process the Personal Data as a Data Processor and/or Service Provider, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you.
- notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to Addify’s Processing of the Personal Data;
- implement reasonable technical and organizational measures enabling you to execute Data Subject Requests that you are obligated to fulfil;
- implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
- upon request, provide reasonable information to help the Customer complete the Customer’s data protection impact assessments.
- notify you without undue delay upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
- ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data.
3. Miscellaneous
- In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Addify may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Addify’s website, and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Addify’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
- Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.